Opinion
No. CA 09-02450.
November 12, 2010.
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered July 13, 2009 in a personal injury action. The order, among other things, awarded plaintiff prejudgment interest.
ANSPACH MEEKS ELLENBERGER, LLP, BUFFALO, HANCOCK ESTABROOK, LLP, SYRACUSE (ALAN J. PIERCE OF COUNSEL), FOR DEFENDANT-APPELLANT.
COLLINS, COLLINS DONOGHUE, P.C., BUFFALO (PATRICK DONOGHUE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Scudder, P.J., Martoche, Centra, Fahey and Green, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Smith v Catholic Med. Ctr. of Brooklyn Queens, 155 AD2d 435; see also CPLR 5501 [a] [1]).